New Acts –

2019 c. 18 – Mental Capacity (Amendment) Act 2019

2019 c. 17 – Offensive Weapons Act 2019


Recent Statutory Instruments –

Posted May 20th, 2019 in legislation by tracey

The Communications Data Acquisition Regulations 2019

The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 16) Order 2019


BAILII: Recent Decisions

Posted May 20th, 2019 in law reports by tracey

Court of Appeal (Civil Division)

National Car Parks Ltd v Revenue And Customs [2019] EWCA Civ 854 (20 May 2019)

RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850 (17 May 2019)

Revenue And Customs v Fortyseven Park Street Ltd [2019] EWCA Civ 849 (17 May 2019)

Zurich Insurance Plc v Romaine [2019] EWCA Civ 851 (17 May 2019)

Serafin v Malkiewicz & Ors [2019] EWCA Civ 852 (17 May 2019)

HM Revenue and Customs v Smart Price Midlands Ltd & Anor [2019] EWCA Civ 841 (16 May 2019)

The Secretary of State for Work And Pensions v Goulding [2019] EWCA Civ 839 (16 May 2019)

Wiltshire Council v Cooper Estates Strategic Land Ltd [2019] EWCA Civ 840 (16 May 2019)

Court of Appeal (Criminal Division)

Kuddus v R. [2019] EWCA Crim 837 (16 May 2019)

High Court (Administrative Court)

ERA, R (On the Application Of) v Basildon And Thurrock Hospitals NHS Foundation Trust & Anor [2019] EWHC 1249 (Admin) (16 May 2019)

Khajuria, R (On the Application Of) v Secretary of State for the Home Department [2019] EWHC 1226 (Admin) (16 May 2019)

Bialkowski v Regional Court In Kielsce, Poland [2019] EWHC 1253 (Admin) (16 May 2019)

High Court (Chancery Division)

Bailey & Anor (As Foreign Representatives of Sturgeon Central Asia Balanced Fund Ltd), Re [2019] EWHC 1215 (Ch) (17 May 2019)

Davies v Wolverhampton Wanderers Football Club (1986) Ltd [2019] EWHC 1252 (Ch) (15 May 2019)

Davies v Wolverhampton Wanderers Football Club (1986) Ltd [2019] EWHC 1252 (Ch) (15 May 2019)

High Court (Commercial Court)

Vodafone Ltd & Ors v The Office of Communications (Ofcom) [2019] EWHC 1234 (Comm) (17 May 2019)

Auden MckEnzie (Pharma Division) Ltd & Ors v Patel & Anor [2019] EWHC 1257 (Comm) (17 May 2019)

GA-Hyun Chung v Silver Dry Bulk Co Ltd [2019] EWHC 1147 (Comm) (17 May 2019)

High Court (Queen’s Bench Division)

Podesta v Akhtar & Anor [2019] EWHC 1245 (QB) (16 May 2019)


Gimme Gimme Gimme – Nearly Legal

Posted May 20th, 2019 in appeals, housing, landlord & tenant, news, service charges, tribunals by tracey

‘Curo Places Ltd v Pimlett (LANDLORD AND TENANT – service charges – tenancy agreement of a bungalow in a sheltered housing scheme) (2019) UKUT 130 (LC). Another Upper Tribunal case on a landlord adding additional services and charges to assured tenancy agreements, but where Wilcock v The Guinness Partnership Ltd (2019) UKUT 146 (LC) (our report) concerned an agreement with specified services only, this appeal concerned a tenancy agreement with a clause that did allow the landlord to add additional services and charge for them.’

Full Story

Nearly Legal, 19th May 2019


Build UK’s recommendation on contract terms: a step in the right direction – Practical Law: Construction Blog

Posted May 20th, 2019 in codes of practice, construction industry, contracts, news, standards by tracey

‘Build UK, a leading representative organisation for the construction industry, has published a non-binding recommendation on which contract terms its members should (as a minimum) refrain from using. The recommendation “seeks to form a new common ground between clients and the supply chain on contractual practice in the construction sector” with the key objectives being “to promote collaboration, encourage a fairer allocation of risk through the supply chain, and deliver better project outcomes”. In this blog I look at each of Build UK’s recommendations and consider whether they represent a departure from current market practice, or a consolidation of the examples of best practice that we are already seeing clients and contractors adopting in the current market.’

Full Story

Practical Law: Construction Blog, 15th May 2019


Unlawful arrest – inadequate grounds for suspecting person to be guilty of an offence – UK Police Law Blog

‘Where a court finds a wrongful arrest, it is often due to inadequate grounds for belief in its necessity. However, a brief judgment in Smith v Police Service for Northern Ireland [2019] NIQB 39 is a demonstration of where there is a lack of reasonable suspicion that the person arrested has, themselves, committed the offence. Also of interest is the sum for damages – £3,550 for the unlawful arrest and ten hours’ consequent unlawful detention.’

Full Story

UK Police Law Blog, 10th May 2019


Us Too? Bullying and Harassment in the Legal Profession – International Bar Association

‘The legal profession has a problem. In 2018, the International Bar Association (IBA) and market research company Acritas conducted the largest-ever global survey on bullying and sexual harassment in the profession. Nearly 7,000 individuals from 135 countries responded to the survey, from across the spectrum of legal workplaces: law firms, in-house, barristers’ chambers, government and the judiciary. The results provide empirical confirmation that bullying and sexual harassment are rife in the legal profession.’

Full press release

International Bar Association, 15th May 2019


‘Bullying’ libel judge’s dismissal of claim reversed on appeal – Law Society’s Gazette

‘Appeal judges have strongly criticised the “surprising and troubling” conduct of a High Court judge towards a litigant in person during a defamation hearing, saying he “cast off the mantle of impartiality”. Ruling in Serafin v Malkiewicz and Others, Lord Justice Lewison, Lord Justice McCombe and Lord Justice Haddon-Cave allowed an appeal against Mr Justice Jay’s dismissal of a libel claim against a London Polish-language newspaper.’

Full Story

Law Society's Gazette, 20th May 2019


Financial Remedy & Divorce Update, May 2019 – Family Law Week

Posted May 20th, 2019 in divorce, families, financial dispute resolution, news, pensions, reasons by tracey

‘Rose-Marie Drury, Senior Associate, Mills & Reeve LLP analyses the news and case law relating to financial remedies and divorce during April 2019.’

Full Story

Family Law Week, 14th May 2019


Man who ‘confessed’ to raping woman in Facebook message was not prosecuted – The Independent

‘A man who “confessed” on Facebook Messenger to raping a woman in her sleep will not be prosecuted because authorities think there is “no realistic prospect of conviction”, The Independent can reveal.’

Full Story

The Independent, 19th May 2019


UK property register ‘needed urgently’ to stop money laundering – The Guardian

‘Proposals for the first register of foreign-owned property aimed at preventing “McMafia-style” money laundering should be put in practice urgently and reinforced to plug potential loopholes, the government has been told.’

Full Story

The Guardian, 20th May 2019


Parents of student who died in suicide over anxiety attacks to sue Bristol University – The Independent

‘The parents of a student who took her own life because she was too anxious to make a public presentation are taking legal action against her university.’

Full Story

The Independent, 19th May 2019